Uptime Sports Nutrition Inc. et al v. Up Energy Drink LLC
Uptime Energy Inc. and Uptime Sports Nutrition Inc. |
Up Energy Drink LLC, Christian Guzman, Max V Clemons and Trey J. Steiger |
2:2017cv04396 |
June 13, 2017 |
US District Court for the Central District of California |
Jacqueline Chooljian |
John F Walter |
Trademark |
15 U.S.C. § 1114 Trademark Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on March 27, 2018. A more recent docket listing may be available from PACER.
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Filing 75 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Stipulation) (iv) |
Filing 74 Joint STIPULATION to Dismiss Case pursuant to FED. R. CIV. P. 41(a)(1) (A)(ii) AND 41(c) filed by Plaintiff Uptime Energy Inc..(Taylor, Jennifer) |
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Filing 72 Joint STIPULATION for Order to Release Bond filed by Plaintiff Uptime Energy Inc.. (Attachments: #1 Proposed Order to Release Bond)(Taylor, Jennifer) |
Filing 71 DECLARATION of Jennifer Lee Taylor re Text Only Scheduling Notice,, 70 filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer) |
Filing 70 Text Entry Order: The Court has reviewed the Declaration of Joseph Leventhal in Response to the Courts March 6, 2018 Order, filed March 7, 2018 (Docket No. #68 ), and concludes that counsel has raised several issues that require a response from Plaintiffs counsel. Accordingly, lead counsel for Plaintiff shall file a response to the Declaration of Joseph Leventhal by March 12, 2018. The Court is particularly troubled by Plaintiffs alleged unwillingness to identify its purported new evidence of market confusion.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
Filing 69 REPORT of Joint Report Regarding Settlement filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer) |
Filing 68 DECLARATION of Joseph Leventhal re Text Only Scheduling Notice,, 67 in Response to The Court's March 6, 2018 Order (Doc. No. 67) filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC. (Leventhal, Joseph) |
Filing 67 Text Entry Order: The Court has reviewed the Joint Report Regarding Counsel Conference Regarding Motions filed March 1, 2018 (Docket No. #63 ) and concludes that it fails to adequately describe Defendants position. Simply stating that [D]efendants did not offer any compromise that would obviate this motion is not helpful and certainly not consistent with Local Rule 7-3 or the Courts Standing Order. Accordingly, on or before March 7, 2018, Defendants counsel shall file a declaration fully explaining his position and why the contemplated Motions cannot be resolved. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
Filing 66 DECLARATION of Joseph Leventhal re Text Only Scheduling Notice, 65 in Response to The Court's March 5, 2018 Order (Doc No. 65) filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC. (Leventhal, Joseph) |
Filing 65 Text Entry Order: The Court has reviewed the Joint Report Regarding Results of Settlement Conference filed March 2, 2018 and orders defense counsel to file a declaration by March 7, 2017 explaining why Christian Guzman did not participate in person at the February 26, 2018 mediation.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
Filing 64 RESULTS REPORT of Settlement Conference filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC, Counter Claimants Max V Clemons, Christian Guzman, Up Energy Drink LLC. (Leventhal, Joseph) |
Filing 63 REPORT of Joint Report Regarding Counsel Conference Regarding Motions filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer) |
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Filing 61 CERTIFICATE OF SERVICE filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC, re Defendants' Disclosure Pursuant to FRCP 26(a)(2)(C); Expert Witness Report Submitted by Scot A. Duvall dated February 5, 2018 served on 2/5/2018. (Leventhal, Joseph) |
Filing 60 Joint STIPULATION to Reschedule Mediation Deadline filed by Plaintiff Uptime Energy Inc.. (Attachments: #1 Proposed Order to Extend Mediation Deadline)(Taylor, Jennifer) |
Filing 59 DECLARATION of Trey Steiger re Preliminary Injunction,,,,, Notice of Document Discrepancies and Order - Rejecting,,,,, Set/Clear Flags,,,, #56 filed by Defendant Up Energy Drink LLC. (Leventhal, Joseph) |
Filing 58 FINANCIAL ENTRY: Received $50,000.00 from Uptime Energy, Inc.. Re: Notice (Other) #57 . Receipt number L164248. (bm) |
Filing 57 NOTICE OF DEPOSIT filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer) |
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Filing 55 NOTICE OF LODGING filed re Order on Motion for Preliminary Injunction,,,,, #53 (Attachments: #1 Proposed Preliminary Injunction)(Leventhal, Joseph) |
Filing 54 JOINT STATEMENT of Regarding Proposed Preliminary Injunction Orders NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 filed by Plaintiff Uptime Energy Inc.. (Attachments: #1 Proposed Order)(Taylor, Jennifer) |
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Filing 51 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 , Notice of Lodging, #50 , Objection/Opposition (Motion related),,, #43 (Attachments: #1 Exhibit Up Energy Drinks LLC's Proposed Statement of Decision Re Uptime Energy Inc.'s Motion for Preliminary Injunction)(Leventhal, Joseph) |
Filing 50 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 (Attachments: #1 Exhibit PLAINTIFF UPTIME ENERGY INC.S PROPOSED STATEMENT OF DECISION RE: MOTION FOR PRELIMINARY INJUNCTION)(Taylor, Jennifer) |
Filing 49 PLAINTIFF UPTIME ENERGY INC.S EVIDENTIARY OBJECTIONS TO DEFENDANTS DECLARATIONS IN SUPPORT OF OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION re NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer) |
Filing 48 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 filed by Plaintiff Uptime Energy Inc.. (Attachments: #1 Declaration of Jennifer Lee Taylor In Support of Plaintiff Uptime Energy Inc.s Reply In Support of Motion for Preliminary Injunction, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Larson, Sabrina) |
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Filing 45 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Plaintiff Uptime Energy Inc... (Taylor, Jennifer) |
Filing 44 ANSWER to Counterclaim with JURY DEMAND filed by Plaintiff Uptime Energy Inc..(Taylor, Jennifer) |
Filing 43 Up Energy Drinks LLCs Opposition to Uptime Energy Inc.s Motion for a Preliminary Injunction Motion for a Preliminary Injunction re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC. (Attachments: #1 Declaration of Christian Guzman, #2 Declaration of Chadi Adada, #3 Declaration of Guis Hilu, #4 Declaration of Max Clemons, #5 Declaration of Michelle Browning Couglin, #6 Exhibit A to Michelle Browning Couglin Declaration, #7 Declaration of Joseph Leventhal, #8 Exhibit A to Joseph Leventhal's Declaration, #9 Exhibit B to Joseph Leventhal Declaration, #10 Declaration of Randy Roddy, #11 Declaration of Trey Steiger, #12 Exhibit A to Trey Steiger's Declaration)(Leventhal, Joseph) |
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Filing 41 STIPULATION to Continue Scheduling Conference from October 30, 2017 to November 6, 2017 at 1:30 pm or November 6, 2017 at 8:30 am filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC. (Attachments: #1 Proposed Order)(Leventhal, Joseph) |
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Filing 39 STIPULATION to Continue Scheduling Conference from October 30, 2017 At 8:30 a.m. to November 6, 2017 at 1:30 p.m. or Alternatively November 6, 2017 at 8:30 a.m. filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC.(Leventhal, Joseph) |
Filing 38 DECLARATION of Joseph S. Leventhal Lead Trial Counsel re Compliance with Local Rules Governing Electronic Filing filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC. (Leventhal, Joseph) |
Filing 37 DECLARATION of Joseph S. Leventhal on Behalf of Defendant and Counterclaimants Up Energy Drinks, LLC, Christian Guzman, Max V. Clemons, and Trey Steiger Regarding Meet and Confer Regarding Motion For Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC. (Attorney Joseph S Leventhal added to party Max V Clemons(pty:dft), Attorney Joseph S Leventhal added to party Christian Guzman(pty:dft), Attorney Joseph S Leventhal added to party Trey J. Steiger(pty:dft), Attorney Joseph S Leventhal added to party Up Energy Drink LLC(pty:dft))(Leventhal, Joseph) |
Filing 36 Defendants DISCLOSURE of Statement Per FRCP 7.1(a) and Notice of Interested Parties Per L.R. 7.1-1 filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC (Leventhal, Joseph) |
Filing 35 NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion filed by Plaintiff Uptime Energy Inc.. Motion set for hearing on 11/6/2017 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities In Support of Motion for Preliminary Injunction, #2 Declaration of Benjamin Kim In Support of Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Declaration of Sabrina Larson In Support of Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction, #18 Exhibit 1, #19 Exhibit 2, #20 Exhibit 3, #21 Exhibit 4, #22 Exhibit 5, #23 Declaration of Chris Spiegel In Support of Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction, #24 Exhibit A, #25 Declaration of Pierce Brooks In Support of Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction, #26 Exhibit 1, #27 Proposed Order Granting Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction) (Taylor, Jennifer) |
Filing 34 DECLARATION of Kathiana Aurelien Regarding Meet and Confer Regarding NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendant from using Plaintiff's trademark and trade dress . Motion #28 filed by Plaintiff Uptime Energy Inc.. (Aurelien, Kathiana) |
Filing 33 PROOF OF SERVICE Executed by Plaintiff Uptime Energy Inc., upon Defendant Christian Guzman served on 10/5/2017, answer due 10/26/2017. Service of the Summons and Complaint were executed upon Christian Guzman in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Taylor, Jennifer) |
Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Joshua M Heinlein counsel for Defendant Up Energy Drink LLC. Joshua M. Heinlein is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Up Energy Drinks, LLC, MAX V. CLEMONS, TRY STEIGER and CHRISTIAN GUZMAN. (Heinlein, Joshua) |
Filing 31 PROOF OF SERVICE filed by Plaintiff Uptime Energy Inc., re Order,,, Set/Reset Hearing,, #26 served on 09/28/2017. (Taylor, Jennifer) |
[DUPLICATIVELY ENTRY NUMBER #30 ANSWER...] and COUNTERCLAIM against Counter Defendants Uptime Energy Inc., with JURY DEMAND, filed by Defendants, Counter Claimants Christian Guzman, Up Energy Drink LLC, Max V Clemons. (jp) |
Filing 30 ANSWER to Amended Complaint/Petition, #14 JURY DEMAND. and Counterclaim filed by Defendant Up Energy Drink LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Heinlein, Joshua) |
Filing 29 Text Entry Order: Plaintiffs Motion for Preliminary Injunction, filed on September 25, 2017 (Docket No. #28 ), is STRICKEN for failure to comply with Local Rule 7-3, which requires the conference of counsel to take place at least seven days prior to the filing of the Motion and paragraph 5(b) of the Courts Standing Order, which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. If Plaintiff wishes to re-file the Motion, counsel shall meet and confer in person by October 3, 2017. If the parties cannot resolve the issues raised in the Motion, within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and the issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a motion remains necessary, it shall not be filed until 2 days after each party files the declarations required by this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
Filing 28 *Stricken* NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendant from using Plaintiff's trademark and trade dress . Motion filed by Plaintiff Uptime Energy Inc.. Motion set for hearing on 10/23/2017 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities In Support of Motion for Preliminary Injunction, #2 Declaration of Sabrina Larson In Support of Plaintiff Uptime Energy Inc.s, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Declaration of Pierce Brooks In Support of Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction, #9 Exhibit 1, #10 Declaration of Benjamin Kim In Support of Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Exhibit D, #15 Exhibit E, #16 Exhibit F, #17 Exhibit G, #18 Exhibit H, #19 Exhibit I, #20 Exhibit J, #21 Exhibit K, #22 Exhibit L, #23 Exhibit M, #24 Exhibit N, #25 Proposed Order Granting Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction) (Taylor, Jennifer) Modified on 9/26/2017 (sr). |
Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Kathiana Aurelien counsel for Plaintiff Uptime Energy Inc.. Adding Kathiana Aurelien as counsel of record for Plaintiff Uptime Energy Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff Uptime Energy Inc.. (Attorney Kathiana Aurelien added to party Uptime Energy Inc.(pty:pla))(Aurelien, Kathiana) |
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Filing 25 ANSWER to Amended Complaint/Petition, #14 with JURY DEMAND filed by Defendant Max V Clemons, Trey J. Steiger, Up Energy Drink LLC.(Attorney Joshua M Heinlein added to party Max V Clemons(pty:dft), Attorney Joshua M Heinlein added to party Trey J. Steiger(pty:dft), Attorney Joshua M Heinlein added to party Up Energy Drink LLC(pty:dft))(Heinlein, Joshua) |
Filing 24 PROOF OF SERVICE Executed by Plaintiff Uptime Energy Inc., upon Defendant Up Energy Drink LLC served on 8/14/2017, answer due 9/5/2017. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Taylor, Jennifer) |
Filing 23 PROOF OF SERVICE Executed by Plaintiff Uptime Energy Inc., upon Defendant Trey J. Steiger served on 8/14/2017, answer due 9/5/2017. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Taylor, Jennifer) |
Filing 22 PROOF OF SERVICE Executed by Plaintiff Uptime Energy Inc., upon Defendant Max V Clemons served on 8/14/2017, answer due 9/5/2017. Service of the Summons and Complaint were executed upon Max V. Clemons in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Taylor, Jennifer) |
Filing 21 21 DAY Summons Issued re First Amended Complaint #14 as to defendant Trey J. Steiger. (jp) |
Filing 20 21 DAY Summons Issued re First Amended Complaint #14 as to defendant Max V Clemons. (jp) |
Filing 19 21 DAY Summons Issued re First Amended Complaint #14 as to defendant Christian Guzman. (jp) |
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Filing 17 Request for Clerk to Issue Summons on Amended Complaint/Petition, #14 filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer) |
Filing 16 Request for Clerk to Issue Summons on Amended Complaint/Petition, #14 filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer) |
Filing 15 Request for Clerk to Issue Summons on Amended Complaint/Petition, #14 filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer) |
Filing 14 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #4 , filed by Plaintiff Uptime Energy Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Attorney Jennifer Lee Taylor added to party Uptime Energy Inc.(pty:pla))(Taylor, Jennifer) |
Filing 13 NOTICE of Appearance filed by attorney Sabrina Larson on behalf of Plaintiff Uptime Energy Inc. (Attorney Sabrina Larson added to party Uptime Energy Inc.(pty:pla))(Larson, Sabrina) |
Filing 12 NOTICE filed by Plaintiff Uptime Energy Inc., Uptime Sports Nutrition Inc.. of Request for Approval of Substitution or Withdrawal of Counsel (Attachments: #1 Proposed Order on Request for Approval of Substitution of Attorney)(Taylor, Jennifer) |
Filing 11 DECLARATION of Lead Trial Counsel Re: Compliance With Local Rules Governing Electronic Filing filed by Plaintiffs Uptime Energy Inc., Uptime Sports Nutrition Inc.. (Valle, Jeffrey) |
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Filing 9 TEXT ONLY ENTRY by chambers of Judge John F. Walter. If not yet provided, courtesy copies of all case opening documents shall be delivered to chambers by 12:00 p.m. on June 19, 2017. (Refer to Court's Standing Order and Local Rule 5-4.5) Failure to comply may result in an Order to Show Cause re Dismissal and/or Sanctions for Failure to Comply with Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY |
Filing 8 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Uptime Energy Inc., Uptime Sports Nutrition Inc.. (Valle, Jeffrey) |
Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #4 as to Defendant Up Energy Drink LLC. (car) |
Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
Filing 5 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Jacqueline Chooljian. (car) |
Filing 4 COMPLAINT with filing fee previously paid ($400.00 paid on 06/13/2017, receipt number 2631IRES), filed by Plaintiffs Uptime Sports Nutrition Inc., Uptime Energy Inc..(Valle, Jeffrey) |
Filing 3 Plaintiffs' Disclosure Statement per FRCP 7.1(a) and NOTICE of Interested Parties filed by Plaintiffs Uptime Energy Inc., Uptime Sports Nutrition Inc., (Attorney Jeffrey B Valle added to party Uptime Energy Inc.(pty:pla), Attorney Jeffrey B Valle added to party Uptime Sports Nutrition Inc.(pty:pla))(Valle, Jeffrey) |
Filing 2 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #1 filed by plaintiffs Uptime Energy Inc., Uptime Sports Nutrition Inc.. (Valle, Jeffrey) |
Filing 1 CIVIL COVER SHEET filed by Plaintiffs Uptime Energy Inc., Uptime Sports Nutrition Inc.. (Valle, Jeffrey) |
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